Ordered that the order is affirmed, with costs.
From December 1983 until June 1984, the plaintiff gave the defendant Asher Yadlin $59,468.74 to invest in stock options and commodities. Yadlin deposited the plaintiff's money in options and commodities accounts that he had with Kidder, Peabody & Co., Inc. (hereinafter Kidder, Peabody). The parties agreed that they would share equally any profits and losses generated by the accounts. The accounts were closed at the...
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